HB 451 · 2026 · House · Commerce and Consumer Affairs Committee
Paint product stewardship program
AI-generatedestablishing the paint product stewardship program.
Establishes the paint product stewardship program.AI-generated
Status
Vetoed; the override vote failed, so the veto stands · April 9, 2026- ✓Introduced
- ✓House
- ✓Senate
- ✕Governor
- Law
Governor's veto message
“NO sales tax. Not now, not ever. For the reason stated above, I have vetoed House Bill 451-FN.”
The House voted 186–169 on the override (Apr 9, 2026) — short of the two-thirds required, so the veto was sustained. See the roll call.
Analysis
This bill establishes the paint product stewardship program.
From the bill's official ANALYSIS section.
In the bill's words
Quoted verbatim from the bill as passed by both chambers.
“A manufacturer of paint sold at retail in New Hampshire, or representative organization, shall submit to the commissioner a plan for the establishment of a postconsumer paint product stewardship program to cover paint products as defined in RSA 149-M:65. Additional paint products may be proposed in a subsequent program plan in consultation with the department.”
The structure of a stewardship program: industry writes the plan, the state approves it.AI-generated
“Each manufacturer, distributor, and retailer shall include the per-container assessment amount set forth in an approved plan in the purchase price of any paint product sold in or into New Hampshire.”
How it is paid for — a per-container assessment inside the shelf price, which is what the veto turned on.AI-generated
“Participation as a collection site is voluntary. A retailer or political subdivision that agrees to comply with any requirements that are consistent with the stewardship plan may request in writing to participate in the stewardship plan as an approved collection site.”
No town or retailer is compelled to take paint back.AI-generated
“Financial, production or sales data reported to the department by a manufacturer or by the representative organization is not a public record pursuant to RSA 91-A:5, IV and rules adopted by the department pursuant thereto and shall not be subject to public inspection or disclosure. The commissioner may release a summary form of such data that does not disclose financial, production or sales data of the manufacturer, retailer or representative organization.”
Industry data reported under the program is exempt from the right-to-know law, in summary form only.AI-generated
“Any person who agrees to operate a collection point and who responsibly implements environmentally-sound management practices in good faith shall not be subject to penalties for the acceptance or storage of, or for any spill, leak, or discharge of collected paint, or other materials that are inadvertently accepted pursuant to the program, and which occurs despite the implementation of such practices.”
The liability shield that makes a volunteer collection site possible.AI-generated
Official record
gc.nh.gov · the authoritative source
Sponsors
- Rep. Judy AronRChair· Environment and Agriculture
- Rep. Peter BixbyDRanking Member· Environment and Agriculture
- Rep. James CreightonRChair· Labor, Industrial and Rehabilitative Services
- Rep. Jaci GroteDDemocratic Advisor
- Rep. Nicholas GermanaDDeputy Democratic Floor Leader
- Sen. Denise RicciardiRVice Chair· Commerce
- Sen. Howard PearlRChair· Executive Departments and Administration
- Sen. Kevin AvardRDeputy Majority Whip
- Sen. Cindy RosenwaldDDeputy Democratic Leader
Also: Rep. Megan MurrayD, Sen. David WattersD
Public testimony
No one submitted online testimony on this bill. See the record
Votes
yeanay- Overall100% yea
- Resulting text: Bill as amended by the House
- May 1, 2025SenateCommittee reportCommittee report: Rereferred to Committee4–1Overall80% yea
- May 1, 2025SenateVoice voteRereferred to Committeeadopted
- Jan 7, 2026SenateCommittee reportCommittee report: Ought to Pass3–2Overall60% yea
- Overall54% yeaParty-line voteRepublicans5–1131% yeaDemocrats8–0100% yea
- Jan 7, 2026SenateVoice voteEnrolled Bill Amendment # 2026-0125eadopted
- Jan 8, 2026HouseVoice voteEnrolled Bill Amendment # 2026-0125eadopted
- Feb 5, 2026SenateVoice voteEnrolledadopted
- Apr 9, 2026HouseRoll callOverride the veto — shall the bill become law notwithstanding the objectionsFailed186–169How they votedOverall52% yeaParty-line voteRepublicans30–16915% yeaDemocrats156–0100% yea
Hearings and debates
- Jan 30, 2025Public hearingHouse Commerce and Consumer Affairs1:23:10–1:30:337m 23slocated in the stream transcriptPublic Hearing
- Feb 11, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamSubcommittee Work Session
- Feb 18, 2025Public hearingHouse Commerce and Consumer AffairsWatchnot located in the transcript — opens the full streamSubcommittee Work Session
- Mar 5, 2025Public hearingHouse Commerce and Consumer Affairs33:13–34:201m 7slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2025-0458h; Executive Session
- Mar 13, 2025Floor debateHouse floor3:18:43–3:19:2441slocated in the stream transcriptOught to Pass with Amendment 2025-0458h — adopted, voice vote; Amendment # 2025-0458h — adopted, voice vote; Referred to Finance
- Apr 2, 2025Public hearingSenate Ways and Means49:13–51:011m 48slocated in the stream transcriptHearing
- May 1, 2025Floor debateSenate floor1:33:05–1:38:115m 6slocated in the stream transcriptCommittee Report: Rereferred to Committee; Rereferred to Committee — adopted, voice vote
- Jan 7, 2026Floor debateSenate floor4:19:19–4:27:588m 39slocated in the stream transcriptCommittee Report: Ought to Pass; Ought to Pass — adopted, roll call 13-11; Sen. Murphy Floor Amendment # 2026-0054s, DIV 11Y-13N — failed
- Jan 8, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamEnrolled Bill Amendment # 2026-0125e — adopted, voice vote
- Feb 5, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote
- Apr 9, 2026Floor debateHouse floor34:49–47:1312m 24slocated in the stream transcriptVeto Sustained — roll call 186-169
Timestamps locate where this bill is taken up in the chamber's YouTube stream.
Legislative history
- Jan 9, 2025HouseIntroduced (in recess of) 01/09/2025 and referred to Commerce and Consumer Affairs HJ 3 P. 10
- Jan 30, 2025HousePublic Hearing: 01/30/2025 10:00 am LOB 302-304
- Feb 11, 2025HouseSubcommittee Work Session: 02/11/2025 01:15 pm LOB 104
- Feb 18, 2025HouseSubcommittee Work Session: 02/18/2025 10:00 am LOB 104
- Mar 5, 2025HouseExecutive Session: 03/05/2025 10:00 am LOB 302-304
- Mar 5, 2025House: Ought to Pass with Amendment # 2025-0458h 03/05/2025 (Vote 17-0; CC)
- Mar 13, 2025HouseAmendment # 2025-0458h: AA VV 03/13/2025 HJ 8 P. 5
- Mar 13, 2025HouseOught to Pass with Amendment 2025-0458h: MA VV 03/13/2025 HJ 8 P. 5
- Mar 13, 2025HouseReferred to Finance 03/13/2025 HJ 8 P. 7
- Mar 13, 2025HouseReferral Waived by Committee Chair per House Rule 47(f) 03/13/2025 HJ 8 P. 47
- Mar 13, 2025SenIntroduced 03/13/2025 and Referred to Ways and Means; SJ 8
- Apr 2, 2025SenHearing: 04/02/2025, Room 100, SH, 10:15 am; SC 15
- May 1, 2025Sen: Rereferred to Committee, 05/01/2025, Vote 4-1; SC 19
- May 1, 2025SenRereferred to Committee, MA, VV; 05/01/2025; SJ 11
- Jan 7, 2026Sen: Ought to Pass, 01/07/2026, Vote 3-2; SC 46
- Jan 7, 2026SenSen. Murphy Floor Amendment # 2026-0054s, DIV 11Y-13N, AF; 01/07/2026; SJ 1
- Jan 7, 2026SenOught to Pass: RC 13Y-11N, MA; OT3rdg; 01/07/2026; SJ 1
- Jan 7, 2026SenEnrolled Bill Amendment # 2026-0125e Adopted, VV, (In recess of 01/07/2026); SJ 2
- Jan 8, 2026HouseEnrolled Bill Amendment # 2026-0125e: AA VV (in recess of) 01/08/2026
- Feb 5, 2026SenEnrolled Adopted, VV, (In recess 02/05/2026); SJ 4
- Feb 5, 2026HouseEnrolled (in recess of) 02/05/2026 HJ 3 P. 67
- Mar 16, 2026HouseVetoed by Governor Ayotte 03/16/2026 HJ 10 P. 4
- Apr 9, 2026HouseVeto Sustained 04/09/2026: RC 186-169 Lacking Necessary Two-Thirds Vote HJ 10 P. 4
Coverage
- Ayotte vetoes New Hampshire paint can stewardship proposalNew Hampshire Bulletin
The governor compared the per-can assessment to a sales tax; the sponsor rejected the characterization.AI-generated
- The Soapbox: 'Leadership or slogans? The PaintCare veto ignores communities and common sense'Manchester Ink Link
A municipal-side argument about what towns pay to dispose of paint without a stewardship program.AI-generated
- Here are all of Gov. Ayotte's 2026 vetoesJosiah Bartlett Center for Public Policy · Aug 1, 2026
HB 451 in the full list of 2026 vetoes, from a free-market think tank that supported the veto.AI-generated
Background reading
Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.
- PaintCareProgram operator
PaintCare — The industry-run program that would have administered a New Hampshire paint plan, with per-container fees by state.AI-generated
U.S. Environmental Protection Agency — The federal framing of producer responsibility and waste diversion.AI-generated
- Product Stewardship InstituteAdvocacy
Product Stewardship Institute — The organization behind most state EPR laws, with a state-by-state view of paint programs.AI-generated
Documents (PDF)
- Introducedversion
- As Amended by the Houseversion
- Adopted by both chambersversion
- Chaptered (final law)version
- Amendment 2025-0458hamendment
- Amendment 2026-0125EBAamendment
- Governor's veto statementveto
Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.